§ 2-370. Lien reductions.

(a)

Requirements. A request to reduce a lien imposed by final administrative order of the code enforcement board must be submitted in writing on a form prescribed by the county manager. In order for the request to be deemed complete and processed, the following conditions must be met:

(1)

An order acknowledging compliance has been recorded in the public records indicating that the violation has been remedied;

(2)

The subject property must be free of all outstanding debts, including taxes, due to the county;

(3)

For a final administrative order rendered by the board after September 1, 2008, the request must be submitted to the clerk of the board within 120 days of the date of the order acknowledging compliance; and

(4)

No other properties owned by the applicant are subject to any pending county code enforcement proceedings or subject to any other final administrative order of the board, which has not resulted in an order acknowledging compliance.

(b)

Consideration by board. Upon receipt of a written request satisfying subsection (a), the board shall entertain the request at a regularly scheduled meeting. County staff shall prepare a written summary for the board which provides a factual background of the violation and a recommendation on the request. The requestor shall be sent notification of the meeting date at least ten days prior to the hearing by certified mail.

(c)

Presumption. There shall be a rebuttable presumption against the granting of any request to reduce a lien. When considering a request, the board shall consider the length of time the violation existed, the nature and gravity of the violation and the extent of the requestor's or previous owner's efforts to cooperate with county staff to remedy the violation.

(d)

Decision. The board shall notify the requestor of its decision by letter, by certified mail, and provide a copy to the council. No written findings are required. Upon full payment of the reduced lien amount to the county or if the board reduces the lien in its entirety, a satisfaction or release of lien shall be recorded in the public records.

(e)

Nature of decision. Code enforcement liens are an asset of the county. Any decision to reduce a lien by the board is a discretionary decision and not a final administrative order for purposes of F.S. § 162.11.

(Ord. No. 2008-17, § II, 8-21-08; Ord. No. 2009-20, § II, 8-20-09)